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2010 DIGILAW 1151 (CAL)

Alok Kumar Mitra v. STATE OF WEST BENGAL

2010-09-06

ASIM KUMAR RAY

body2010
JUDGMENT 1. THIS revisional application is for quashing of the proceeding in connection with C.R. 103/07 under Sections 498A/323/406/506/497/120B, I.P.C. now pending before the Court of the learned A.C.J.M., Jhargram, Dist. Paschim Medinipur. 2. The factual background in a nut-shell, is that the petitioner No. 1 Alok Kumar Mitra got married with the O.P. No. 2 Rubi Mitra and their marriage was solemnized on 22.11.02 according to Special Marriage Act. By the passage of time the relation between them turned hostile. The O.P. No. 2 subsequently filed an application under Section 125, Cr.P.C. which has been registered as M.R. 56//07 before the Court of the learned A.C.J.M., Jhargram, Dist. Paschim Medinipur. She, thereafter, filed a case for quashing of which this application has been filed before this Court. The learned lawyer appearing on behalf of the petitioners has contended that the marriage of the parties has been registered within the jurisdiction of North 24-Parganas and after marriage the parities lived at Shibpur, which is within the jurisdiction of Howrah. The petition of complaint, which was submitted before the learned A.C.J.M. at Jhargram by the O.P. No. 2 Rubi Mitra discloses that she had lodged two G.Ds with Shibpur police station and those G.Ds are 1792 dated 20.8.05 and 808 dated 10.3.07. It is his further contention that no incident as alleged, took place within the jurisdiction of Jhargram P.S. He has now invited the attention of the Court to the provisions laid down in Section 156 as well as 177 of Cr.P.C. and has argued that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. To give a stand to his contention he has cited the decision reported in 2004 C Cr LR (SC) 972, (2007)2 C Cr LR (SC) 46 and (2007)1 C Cr LR (Cal) 800. He has contended strenuously that the learned A.C.J.M at Jhargram had no jurisdiction to sit over this matter and as such, the matter may be quashed. 3. The learned Advocate appearing on behalf of the State has invited my attention to the provisions laid down in Section 178 (c) of Cr.P.C arid has contended that where an offence is of continuing one of continues to be committed in more local areas than one, then the Court within whose jurisdiction such offence would be continued can take up the matter. He has invited the attention of this Court to the averments made in the petition of complaint by the O.P. No. 2 wherefrom it transpires that the O.P. No. 2 gave birth a baby at her father's place and the baby has died subsequently due to malnutrition and as such, according to him, that incident may be treated as continuing incident giving jurisdiction to the learned Court below. 4. The learned Advocate appearing on behalf of the O.P. No. 2 has contended in the same tune with that of the learned Advocate appearing on behalf of the State. He has also invited the attention of this Court to the provision laid down in Section 178(d) of the Code of Criminal Procedure and has contended that where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. To give a stand to his argument he has cited a decision reported in AIR 1997 SC 2465 . It is a fact that the marriage has been registered within the jurisdiction of North 24-Parganas and the parties i.e. the petitioner No. 1 and the O.P. No. 2 started residing at Shibpur within the jurisdiction of Shibpur police station, Dist. Howrah. It is seen from the petition of complaint submitted by O.P. No. 2 before the learned Court below that he lodged G.Ds alleging torture upon her at the instance of her husband while she used to reside at Shibpur. The relevant G.Ds are 1792 dated 20.8.05 and 808 dated 10.3.07. It is also a fact that the O.P. No.2 has taken the forum to redress her grievance which falls within the jurisdiction of Jhargram, Dist. Paschim Medinipur. It is now pertinent to see the provisions laid down in Sections 177 and 156, Cr.P.C. Sec. 177 : Ordinary place of inquiry and trial.-Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. Sec. 156. Police officer's power to investigate cognizable case.-(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. Sec. 156. Police officer's power to investigate cognizable case.-(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall at my stage be called in question on the ground that the case was one which such officer was not empowered under this Section to investigate. (3) Any Magistrate empowered under Section 190 may order such an investigation as above-mentioned. We may look into the provision of Section 178(d), Cr.P.C. also, Section 178(d).- Where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. 5. ON plain perusal of Section 177, Cr.P.C. it transpires that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. It is an admitted fact that alleged torture was inflicted to the O.P. No. 2 by the petitioner No. 1 within the jurisdiction of Shibpur P.S., Dist. Howrah. There is no averment in the petition of complaint saying that the O.P. No. 2 was subjected to torture/cruelty at a place which falls within the jurisdiction of Jhargram P.S., Dist. Paschim Medinipur. The learned Advocate appearing on behalf of the State has contended that the office is a continuing one as the child of the O.P. No. 2 died after few days of birth due to malnutrition at the father's place of O.P. No. 2 which is within the jurisdiction of Jhargram P.S., Dist. Paschim Medinipur. 6. The decision (2004) C Cr LR (SC) 972 cited by the learned Advocate appearing for the petitioners deals with the similar case wherein the Hon'ble Apex Court has observed as follows : Para -15. The expression "cause of action" has acquired a judicially settled meaning. In the restricted sense cause of action means the circumstances forming the infraction of the right of the immediate occasion for the action. In the wider sense, it means the necessary conditions for the maintenance of the proceeding including not only the alleged infraction, but also the infraction coupled with the right itself. In the restricted sense cause of action means the circumstances forming the infraction of the right of the immediate occasion for the action. In the wider sense, it means the necessary conditions for the maintenance of the proceeding including not only the alleged infraction, but also the infraction coupled with the right itself. Compendiously the expression means every fact, which it would be necessary for the complainant to prove, if traversed, in order to support his right or grievance to the judgment of the Court. Every fact, which is necessary to be proved, as distinguished from every piece of evidence, which is necessary to prove such fact, comprises in "cause of action". Para - 16. The expression "cause of action" has sometimes been employed to convey the restricted idea of facts or circumstances which constitute either the infringement or the basis of a right and no more. In a wider and more comprehensive sense, it has been used to denote the whole bundle of material facts. Para-19. When the aforesaid legal principles are applied, to the factual scenario disclosed by the complainant in the complaint petition, the inevitable conclusion is that no part of cause of action arose in Chennai and, therefore, the concerned Magistrate had no jurisdiction to deal with the matter. The proceedings are quashed. The complaint be returned to respondent No.2 who, if she so chooses, may file the same in the appropriate Court to be dealt with in accordance with law. The appeal is accordingly allowed. The other two citations i.e. (2007)2 C Cr LR (SC) 46 and (2007)1 C Cr LR (Cal) 800 echoed the same principles. The decisions which has been cited by the learned Advocate appearing for the O.P. No. 2 is based on the incident which took place on different jurisdiction. In the instant case it is otherwise. The death of the child within the jurisdiction of Jhargram P.S. due to alleged malnutrition cannot be taken as an instance by which the learned A.C.J.M., Jhargram sit over that matter. The marriage and incident respectively took place beyond the jurisdiction of Jhargram P.S., Dist. Paschim Medinipur and as such the learned A.C.J.M., Jhargram cannot take up this matter. The criminal proceedings i.e. CR. 103 of 2007 under Sections 498A/323/406/506497/120B, I.P.C. cannot he allowed to continue in the Court of the learned A.C.J.M., Jhargram, Dist. Paschim Medinipur. The marriage and incident respectively took place beyond the jurisdiction of Jhargram P.S., Dist. Paschim Medinipur and as such the learned A.C.J.M., Jhargram cannot take up this matter. The criminal proceedings i.e. CR. 103 of 2007 under Sections 498A/323/406/506497/120B, I.P.C. cannot he allowed to continue in the Court of the learned A.C.J.M., Jhargram, Dist. Paschim Medinipur. The learned Court below has no jurisdiction to entertain the complaint and to proceed with the matter further. 7. The proceeding i.e. CR. 103 of 2007 be quashed. The learned A.C.J.M., Jhargram, should return the complaint/F.I.R to the complainant i.e. the O.P. No. 2 Rubi Mitra and if she chooses, she may file the same in the appropriate Court to be dealt with in accordance with law. 8. The revisional application is accordingly allowed. Criminal Section is directed to forward a copy of this order of the learned A.C.J.M., Jhargram for information and necessary action.